173020P.pdf   08/03/2018  United States  v.  Darrell Janis
   U.S. Court of Appeals Case No:  17-3020
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Benton, Author, with Kelly and Stras, Circuit Judges] 
   Criminal case - Criminal law. Simply submitting a proposed instruction 
   without objecting to the court's refusal to give it does not preserve the 
   issue for appeal, and the issue is subject to plain error review; the 
   district court did not plainly err in refusing defendant's proposed 
   instruction concerning "equal inferences" in criminal cases; the proposed 
   instruction is just another way of explaining reasonable doubt, and as the 
   court properly instructed the jury on reasonable doubt, rejection of 
   defendant's instruction was not plain error; defendant did not preserve 
   his objection to a forensic examiner's testimony because he objected on 
   hearsay grounds, not relevance; any prejudicial effect of the examiner's 
   testimony was cured by the district court's instructions to the jury that 
   a witness cannot vouch for the truthfulness of another witness; to the 
   extent the forensic examiner's testimony was irrelevant, defendant has not 
   shown plain error.